Middleton v Wrona (No 2) [2023] NSWCATAP 251

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Middleton v Wrona (No 2) [2023] NSWCATAP 251 Hearing dates: On the papers Date of orders: 04 September 2023 Decision date: 04 September 2023 Jurisdiction: Appeal Panel Before: M Harrowell, Deputy President D Robertson, Senior Member Decision: 1. The Tribunal dispenses with a hearing of the application for costs pursuant to s 50(2) of the Civil and Administrative Tribunal Act 2013 (NSW). 2. In applications HB 20/12879 and HB 21/11458, the respondent (builder) is to pay the applicants (homeowners) seventy percent (70%) of the applicants' costs of both proceedings, as agreed or assessed on an ordinary basis. 3. In this appeal, the respondents (homeowners) are to pay the appellant (builder) fifty percent (50%) of the appellant's costs of the appeal, as agreed or assessed. Those costs are to exclude the costs of the application for stay dealt with by the Appeal Panel on 28 October 2023. 4. The costs to be agreed or assessed in respect of orders 2 and 3 exclude the costs of the costs application to the Appeal Panel in respect of each proceedings Catchwords: COSTS – where appeal allowed in part – mixed success on separate issues – considerations relevant to order for costs where issues separate and mixed success Legislation Cited: Australian Consumer Law (NSW) Civil and Administrative Tribunal Act, 2013 (NSW) Civil and Administrative Tribunal Rules, 2014 (NSW) Contracts Review Act 1980 (NSW) Home Building Act 1989 (NSW) Cases Cited: Bonita v Shen [2016] NSWCATAP 159 Bostick Australia Pty Ltd v Liddiard (No 2) [2009] NSWSCA 304 Boden v Gleeson [2013] NSWCA 447 Hanave Pty Ltd v Wine Nomad Pty Ltd; Wine Nomad Pty Ltd v Hanave Pty Ltd [2022] NSWCATAP 153 James & Ors v Serve Road Nominees Pty Limited & Ors [No.2] [2005] NSWCA 296 Markunsky v Zammit t/a Zammit Quality Constructions [2016] NSWCATAP 253 Middleton v Wrona [2023] NSWCATAP 158 Rival Nominees Pty Ltd v Craig Davis Constructions Pty Ltd, Supreme Court of Victoria, Full Court, 26 June 1981 (unreported) The Owners Corporation Strata Plan No. 63341 v Malachite Holdings Pty Ltd [2018] NSWCATAP 256 Thompson v Chapman [2016] NSWCATAP 6 Texts Cited: None cited Category: Principal judgment Parties: Lee Kenneth Middleton (Appellant) Linda May Wrona (First Respondent) Richard John Wrona (Second Respondent) Representation: Counsel: T Davie (Appellant) P Barham (First and Second Respondents)